14 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa ENGLISH F. Obligation to Provide Reparation: States shall provide full and effective reparation to individuals who have suffered physical or other damage or who have suffered violations of their human rights as a result of an act of terrorism or acts committed in the name of countering terrorism. Full and effective reparation should include, where applicable and in light of the damages, restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. To facilitate this responsibility, States are encouraged to, in accordance with regional and international human rights standards, establish a funding mechanism to compensate victims of terrorist acts. (See, Principle 10(D), Definition of Terrorism Victim.) Explanatory Note: See, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Ten areas of best practices in countering terrorism), Martin Scheinin A/HRC/16/51, December 2010, para. 25; Committee Against Torture, General Comment 3 on Implementation of Article 14 by States parties; U.N. General Assembly, Resolution 60/147: Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Section IX (Reparation for harm suffered), paras. 15-23; Protocol to the OAU Convention on the Prevention and Combating of Terrorism, Article 3(1)(c); and Explanatory Note to Principle 12(A), Right of Access to Information and the Right to Truth. G. Prohibition of Discrimination: Every individual shall be equal before the law and is entitled to equal protection of the law. Every individual shall be entitled to the enjoyment of their human rights and freedoms without adverse distinction of any kind whatsoever, including but not limited to race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth, or disability. States shall ensure that counterterrorism measures do not target individuals on a discriminatory basis. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Articles 2 and 3; African Charter on the Rights and Welfare of the Child, Article 3; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Article 2; African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, Article 4(a); Convention Governing the Specific Aspects of Refugee Problems in Africa, Article 4; International Covenant on Civil and Political Rights, Article 4(1); U.N. Convention on the Rights of the Child, Article 2; International Covenant on Economic, Social and Cultural Rights, Article 2(2); U.N. Convention on the Elimination of All Forms of Discrimination against Women, Article 1; and U.N. Convention on the Elimination of All Forms of Racial Discrimination, Article 1. See, also ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa and Explanatory Note to Principle 6(D), Criminalization of Membership/Association. H. Special Measures: Special measures must be designed to respect and protect the rights of persons with special needs who are affected by terrorism and counterterrorism activities. Such measures shall not be discriminatory or applied in a manner that is discriminatory. In particular, States shall ensure that legislation, procedures, policies and practices are designed to respect and protect the rights and special status and distinct needs of women and children who are victims of terrorism or subject to counterterrorism measures, including but not limited to searches and investigations, all forms of detention, trials, and sentencing. Explanatory Note: See, by analogy, ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, Guideline 30. I. Fundamental Freedoms: States shall not use combatting terrorism as a pretext to restrict fundamental freedoms, including freedom of religion and conscience, expression, association, assembly, and movement, and the right to privacy and property with due regard to Principle 1(M), Non-Derogations and Restrictions on Human Rights and Freedoms.